Chandler v. L'Oreal United States, Inc.

340 F. Supp. 3d 551
CourtDistrict Court, W.D. Pennsylvania
DecidedSeptember 14, 2018
DocketCivil Action No. 17-1141
StatusPublished
Cited by16 cases

This text of 340 F. Supp. 3d 551 (Chandler v. L'Oreal United States, Inc.) is published on Counsel Stack Legal Research, covering District Court, W.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Chandler v. L'Oreal United States, Inc., 340 F. Supp. 3d 551 (W.D. Pa. 2018).

Opinion

Nora Barry Fischer, U.S. District Judge

I. INTRODUCTION

In this products liability action, Plaintiff Kim Chandler ("Plaintiff") alleges that she was injured after using an at-home hair relaxer product manufactured and sold by Defendants L'Oreal USA, Inc. and Soft Sheen-Carson, Inc., ("Defendants"). (Docket No. 1-1). Plaintiff asserts claims for strict liability, negligence, breach of implied warranty, fraud and violations of the Pennsylvania Unfair Trade Practices and Consumer Protection Law ("UTPCPL") against Defendants. (Id. ). Presently before the Court is a motion for summary judgment filed by Defendants which is opposed by Plaintiff. (Docket Nos. 36; 40). The motion has been fully briefed and neither party requested oral argument, making it ripe for disposition. (Docket Nos. 36-41; 44-45). After careful consideration of the parties' arguments, and for the following reasons, Defendants' motion is granted.

II. BACKGROUND

A. Relevant Facts

Plaintiff is a 62-year old resident of Uniontown, Pennsylvania. (Docket No. 1-1 at 13). She has shoulder length hair which she described as "coarse" and 40 years of experience applying at-home hair relaxer products to straighten her hair. (Docket Nos. 38 at ¶ 3; 41 at ¶ 3; Docket No. 38-2 at 16-17). For the past decade, Plaintiff has relaxed her hair with Defendants' Dark and Lovely ® relaxer. (Id. ). She estimated that she applies this type of product to the areas of regrowth in her hair every four weeks. (Docket No. 38-2 at 38).

On March 11, 2017, Plaintiff went to her local CVS pharmacy in order to purchase Dark and Lovely ® relaxer but the store was out of this product. (Docket Nos. 38 at ¶ 4; 41 at ¶ 4). Rather than travel to a different store, she purchased Defendants' Regular Optimum Salon Haircare ® Defy Breakage Salon No-Lye Relaxer (the "Defy Breakage relaxer"), explaining that she did so because her hair "needed done." (Docket Nos. 38 at ¶ 1; 41 at ¶ 1). Plaintiff testified that she had not previously used the Defy Breakage relaxer. (Docket Nos. 38 at ¶ 2; 41 at ¶ 2). She conceded that when she purchased the Defy Breakage relaxer, she did not look at the exterior packaging other than to determine the strength of the product, which was listed on the box as "regular." (Docket No. 38-2 at 38). Plaintiff admitted that she did not read any of the warnings on the exterior of the box or the list of ingredients. (Id. ). However, she stated that she read the instructions contained within the box before using the Defy Breakage relaxer. (Docket Nos. 38 at ¶ 15; 41 at ¶ 15).

The front of the exterior packaging of the Defy Breakage relaxer contains a photograph of a female model with straight hair. (Docket No. 38-3). The product is advertised as a "No-Lye Relaxer," "with whipped oil moisturizer," and "90% Less Breakage," for "Stronger, Smoother, *557Hair," on both the front and top of the package. (Id. ). These areas also include "IMPORTANT - READ & FOLLOW THE SAFETY INSTRUCTIONS," in smaller print. (Id. ). The bottom of the packaging lists the product's chemical ingredients and describes the contents of the box. (Id. ).

The rear of the exterior packaging also provides that the Defy Breakage relaxer offers "Exclusive Salon Haircare at Home," and "90% LESS BREAKAGE," "[w]ith patented Strengthening Ceramide, and Coconut Oil, Defy Breakage Relaxer Kit helps replenish moisture for smooth, healthy-looking hair. Supreme conditioning infused at every step, before, during and after relaxing." (Id. ). This portion also lists the seven items contained within the box, numbering them one through seven. (Id. ).

The side of the exterior packaging contains the following warnings:

IMPORTANT - READ BEFORE PURCHASING
- This product may not be suitable for all hair types; a strand test must be performed prior to application.
- Use the strength of relaxer suited to your hair.
...
- Do not use on bleached hair, highlighted hair, hair treated with henna or metallic salts, or hair processed with a thio/perm product such as thioglycolate, thiolactate, cysteine, cysteamine, sulfite. Hair loss or breakage could occur.
- Do not use on hair that is fragile, breaking, splitting or otherwise damaged; for example, due to frequent coloring or other chemical processes.
- If you have permanent or demi-permanent haircolor, wait at least 2 weeks before relaxing.
- Do not use if you have a sensitive, irritated or damaged scalp.
- It is recommended that you use petroleum jelly during application as indicated in enclosed instructions.
...
USAGE ADVISORY - SAFETY WARNINGS
- Read and follow enclosed instruction sheet completely before using. Failure to follow instructions or warnings or other misuse of the product can cause serious injury to eyes or skin and can damage hair or result in permanent hair loss.
...
- Contains alkali.
- Wear gloves provided in the kit throughout the relaxing process.
- Avoid contact with eyes. Can cause blindness ...
- Keep relaxer off scalp and other skin areas.
- In case of contact with skin, rinse immediately.

(Docket No. 38-3).

An instructions page is enclosed within the packaging. (Docket No. 38-4). Under the "SAFETY WARNINGS" section, the instructions reiterate that "[t]his product may not be suitable for all hair types; a strand test must be performed prior to application" and contain two separate lists, the relevant portions of which follow:

When you should NOT relax your hair:
• Not suitable for use in children
• If you have a sensitive, irritated or damaged scalp
• If hair has been bleached or highlighted, processed with a thio (perm) product.... or treated with henna or metallic salts. Hair loss or breakage could occur.
*558• If hair is fragile, breaking, splitting or otherwise damaged, for example, due to frequent coloring or other chemical processes
...
• If the strand test results in hair breakage or scalp irritation, do not relax hair.
...
What you should know before relaxing your hair:
• Keep out of reach of children
• This product may not be suitable for all hair types: a strand test must be performed prior to application
• Read and follow directions and warnings completely. Failure to follow directions and warnings, or other misuse of the product can cause serious injury to eyes or skin and can damage hair or result in permanent hair loss.
...

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Bluebook (online)
340 F. Supp. 3d 551, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chandler-v-loreal-united-states-inc-pawd-2018.